Daewoong Pharmaceutical “The judgment of theft is unfair…I will correct the error in the Federal Appeal Court”
Medytox “Daewoong Pharmaceutical’s criminal activity revealed…return of rights and claims for compensation”
[서울=뉴스핌] Reporter Park Da-young = The U.S. International Trade Commission (ITC) has released the full text of the final ruling in the lawsuit for infringing trade secrets of botulinum strains of Medytox and Daewoong Pharmaceutical. The two companies gave different interpretations of the judgment.
Prior to that, on December 16 last year (local time), the ITC said, “Daewoong Pharmaceutical’s botulinum toxin formulation violates Article 337 of the Customs Act related to the theft of trade secrets,” said Daewoong Pharmaceutical’s’Nabota’ (US bulletin). Banned US imports for 21 months. However, the ITC judge concluded that it is difficult to assume that the botulinum strain has trade secrets, contrary to Medytox’s claims.
When the judgment containing the same content was released, the two companies interpreted it differently in a direction that was favorable to each other.
Daewoong Pharmaceutical said, “ITC has not only been free to share botulinum strains among researchers since the past, and Medytox has not paid any price for acquiring the strain and has never made any improvement to the strain, so it is not worth protecting it with trade secrets. “We dismissed the claim of Meditox’s rights,” citing ITC’s ruling that the botulinum strain has no trade secret.
Regarding the acknowledgment of Daewoong Pharmaceutical’s use of Meditox’s process technology, a Daewoong Pharmaceutical official said, “The company has developed its own process technology, and Medytox’s process is only a general-purpose technology that has been disclosed for decades.” “It was unfairly ruled because it was similar and the development period was short.”
Daewoong Pharmaceutical analyzed that the ITC’s ruling was to protect Allergan’s antitrust activities, which are selling botulinum toxins in the United States.
An official of Daewoong Pharmaceutical said, “The ITC’s decision to ignore the objective facts and determine that Medytox’s technology was stolen is a conclusion to protect Allergan’s antitrust activities. We will not yield to the unfair judgment, but will prove it in the Federal Appeals Court to correct all errors. “I said.
Medytox interpreted that ITC recognized Daewoong Pharmaceutical’s fair theft as a criminal offense.
Medytox said, “Daewoong Pharmaceutical has stolen the botulinum strain and manufacturing process technology, and the truth that the product was Nabota turned out to be an impartial ruling,” he said. “In the ITC investigation process, it was not revealed at all where the strain was acquired.”
“I am confident that the same conclusions as ITC will come out in a lawsuit in progress in Korea.” “Daewoong Pharm revealed a crime charge and requested a ban on the use of Medytox strains and manufacturing processes, and the return of rights, and the disposal of the product produced or in circulation and reasonable compensation “I plan to proceed with the claim.”
The strain analysis method was also evaluated differently.
Medytox said, “Daewoong’s criminal activity was revealed through various scientific evidences,” but Daewoong Pharmaceutical said, “Many experts point out that there are limitations and errors in the analysis method, so it is a false assumption that the strain was stolen.”
Earlier, Medytox filed a lawsuit with Allergan (now Abbey) to ITC in January last year, claiming that Daewoong Pharmaceutical’s botulinum toxin’Nabota’ strain infringed on its trade secrets by stealing its’Meditoxin’. In December of last year, the ITC Committee issued an order to ban imports from the US for 21 months, saying that Daewoong Pharmaceutical’s Nabota violated Article 337 of the Customs Act.
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